- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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The Board proposes the development of rule amendments to address supervision requirements for those physicians who are placed on probation.
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The purpose of the proposed amendments to Rule 12D-16.002, F.A.C. (Index to Forms) is to amend a current form, adopt three new forms, and repeal outdated forms supporting the amendment of Rule Chapter 12-9 (Certified Florida Property Appraiser and Certified Florida Tax Collector Program). The amended form is Form DR-410 (Application for Florida Professional Certification). The form is amended to combine all certifications into one application. The new forms used in the certification process are Form DR-410ACL (Approved Course List), Form DR-410CE (Application for Approval of Course or Continuing Education Credit Hours) and Form DR-410E (Course Enrollment Form). The repealed forms are Form DR-516 (Application for Certified Florida Appraiser), Form DR-516E (Application for Certified Florida Evaluator), and Form DR-591 (Application for Certified Cadastralist of Florida). Applicants will use the amended Form DR-410.
Rule text and agenda are posted on the Department’s website at http://floridarevenue.com/rules.
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The purpose of this rulemaking is to modify the Department’s rules related to certification and training procedures. The purpose of proposed amendments to Rule 12-9.001 (Definitions) is to better define words and terms used in the certification and training of local officials. The effect is clearer definitions used in the amended rule chapter. The purpose of proposed amendments to Rule 12-9.002 (Certified Florida Property Appraiser/Certified Florida Evaluator and Certified Florida Collector/Certified Florida Collector Assistant Program) is to update the rule title to Certified Florida Appraiser/Certified Florida Evaluator, Certified Florida Collector/Certified Florida Collector Assistant, and Certified Cadastralist of Florida Program; add Certified Florida Cadastralist to the list of certifications offered by the Department; and repeal provisions for the two admission and certification committees. The effect is that the professional certification program will be operated by the Department. The purpose of proposed new Rule 12-9.0022 (Course Approval Procedures) is to provide guidance regarding courses that are approved for certification purposes. This includes providing reference to courses that are pre-approved by the Department through a form incorporated for this purpose (DR-410ACL, Approved Course List), and updating procedures for course approval for courses that are not pre-approved by the Department. The effect is clarification of the course approval process. The purpose of proposed new Rule 12-9.0026 (Registration) is to provide procedures for registrations and refunds for Department-sponsored courses. The effect is clarification of steps necessary to enroll in a Department-sponsored course and to obtain a refund, if needed. The purpose of proposed amendments to Rule 12-9.003 (Qualifications) is to establish updated criteria for the professional certification of property appraisers, tax collectors, their employees, and employees of the Department. The effect of this proposed amended rule is clarification of the certification requirements. The purpose of proposed amendments to Rule 12-9.004 (Application for Certification) is to specify procedures for those seeking professional certification, provide reference to a form incorporated for this purpose (DR-410, Application for Florida Professional Certification), and repeal the need for committee approval of applications for certification. The effect of this proposed new rule is clarifying the application process. The purpose of proposed amendments to Rule 12-9.0055 (Fees) is to clarify the amount of fees, the process for setting tuition amounts, and the process for submitting all fees to the Department. The amendments also eliminate the requirement for a committee to review certification applications and repeal the requirement of a treasurer for each committee. The effect is to clarify the amount of, and submission process for, fees and to shift responsibility for the collection and administration of those fees to the Department. The purpose of proposed amendments to Rule 12-9.006 (Certification) is to move the responsibility to issue certifications from the committees to the Department. The effect is that the Department will have the responsibility to issue certifications in accordance with the updated procedures provided in Chapter 12-9. The purpose of proposed amendments to Rule 12-9.007 (Recertification) is to provide procedures for currently certified persons to renew their certification. The effect is to explain how to annually recertify with the Department. The purpose of proposed new Rule 12-9.0077 (Reinstatement) is to provide procedures for an individual whose certification has expired to apply for reinstatement of their certification. The effect is clarification of the reinstatement process. The purpose of repealing Rule 12-9.008 (Hearing on Certification Application and Expiration) is to eliminate unnecessary rule language regarding the process to request a hearing if an application or reinstatement request is not approved. This language is already in Chapter 120, F.S., and applies here without specific language in the rule. The effect is to remove an unnecessary rule which is duplicative of statutory language.
Rule text and agenda are posted on the Department’s website at
http://floridarevenue.com/rules.
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To adopt new Florida Teacher Certification Examinations (FTCE) competencies and skills, effective October 1, 2020, for the following FTCE subject areas: Guidance and Counseling PK–12; Hearing Impaired K–12; Music K–12; School Psychologist PK–12; Speech-Language Impaired K–12; and Visually Impaired K–12. The effect will be changes to the affected FTCE competencies and skills for the affected examinations; and updated rule language.
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The proposed amendments to Rule Chapter 691-25, F.A.C., will repeal two rules to eliminate duplicative information that is identical in section 55.03, F.S., and to implement the legislative changes made to section 55.03, F.S., which requires the rate of interest to be set quarterly by the Chief Financial Officer, lowers the basis points that get added to the federal discount rate to 400 for rate calculation purposes, and includes the four dates in a calendar year that the rate of interest shall be set on for payments on judgments or decrees.
- Proposed Rules (2)
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The purpose of the rule amendment is to restructure and provide clarity to the rule language. As the rule is currently written, stakeholders and staff must read through all rule sections in order to determine when or how a license, permit or authorization will be granted, denied or revoked. The reorganization moves those standards to the first two sections of the rule. The sections that follow provide for mitigating or aggravating factors to be considered and set forth general requirements for staff and licensees, permittees or other authorization holders.
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Proposed new rule 5N-1.114, F.A.C., describes the specific criminal offenses that are directly related to the business for which a license is held or sought within the private security, private investigative, and recovery industries. The effect of the rule is to provide applicants and licensees with a clear and concise list of those directly related criminal offenses, and the penalties imposed for each. 5N-1.113, F.A.C. is also amended to align with this newly proposed rule.
- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
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Rule 59A-4.1265(5) from Rehabilitation Center at Park Place LLC d/b/a Rehabilitation Center at Park Place, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018018420. Any interested person or other agency may submit written comments on the petition within 14 days after this notice by e-mailing LTCstaff@ahca.myflorida.com.
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Rule 59A-4.1265(5) from SCG Baywood LLC d/b/a Baywood Nursing Center, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018018472. Any interested person or other agency may submit written comments on the petition within 14 days after this notice by e-mailing LTCstaff@ahca.myflorida.com.
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Rule 59A-4.1265(5) from SCG Laurellwood LLC d/b/a Laurellwood Nursing Center, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018018469. Any interested person or other agency may submit written comments on the petition within 14 days after this notice by e-mailing LTCstaff@ahca.myflorida.com.
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On 12/19/2018, the Department issued a Final Order granting Abbey Manor Retirement Residence Inc., a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in its petition filed on 11/19/2018, and noticed in FAR Volume 44, Number 231. Petitioner demonstrated that its current temperature control measures and evacuation plan are sufficient to ensure the health, safety, and comfort of its residents in the event of a loss of primary electrical power and that application of the Rule would create a substantial hardship and/or violate principles of fairness.
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On 12/19/2018, the Department issued a Final Order granting Apollo Gardens Retirement Residence Care Inc., a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in its petition filed on 11/19/2018, and noticed in FAR Volume 44, Number 231. Petitioner demonstrated that its current temperature control measures and evacuation plan are sufficient to ensure the health, safety, and comfort of its residents in the event of a loss of primary electrical power and that application of the Rule would create a substantial hardship and/or violate principles of fairness.
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Rule 59A-4.1265(5) from Edgewood Nursing Center, Inc. d/b/a Edgewood Nursing Center, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018018480. Any interested person or other agency may submit written comments on the petition within 14 days after this notice by e-mailing LTCstaff@ahca.myflorida.com.
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variance or waiver filed by Krystle Knoepffler on the behalf of NSU College of Optometry, from Rule 64B13-5.002(4), F.A.C., regarding the requirement that a continuing education program must be approved by the Board as transcript quality prior to the time it is taken. The Board will consider this petition at its meeting currently scheduled for February 8, 2019. Comments on this petition should be filed with the Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3255, telephone: (850) 488-0595, or by electronic mail – Anthony.Spivey@flhealth.gov, within 14 days of publication of this notice.
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that on December 06, 2018, an Notice of Intent to Deny Petition for Variance or Waiver was filed. The Petition was filed by Bo Yong King, O.D., on September 14, 2018, seeking a waiver or variance from Rule 64B13-4.001(1)(d)3. and (2), F.A.C., which requires applicants for licensure in Florida to have obtained an overall passing score and a minimum score of 75% on each of the three tested skills of the Florida Practical Examination. The Notice was published in Volume 44, No. 181, of the Florida Administrative Register, on September 17, 2018. The Board, at its meeting held on November 16, 2018, voted to deny the Petition for Variance and Waiver finding that the Petitioner did not demonstrate a substantial hardship; that application of the rule did not violate principles of fairness; and that the purpose of the underlying statute was not met.
- Notices of Meetings, Workshops and Public Hearings (12)
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Governing Board Meeting, Public Hearings, Workshops, and Committee Meetings. Consideration of Suwannee River Water Management District business.
NOTE: One or more Governing Board members may attend and participate in the meetings by means of communications media technology.
; Tuesday, January 8, 2019, 9:00 a.m; District Headquarters, 9225 CR 49, Live Oak, FL 32060
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Regular monthly meeting to obtain feedback from interested persons on current pending permit applications. The agenda is available at www.swfwmd.state.fl.us/about/calendar/month; Jan 2, 2019, 9:00 a.m.; 7601 HWY 301 N, Tampa, FL 33637
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This hearing is being held to present access management changes proposed as part of a re-evaluation of the Project Development and Environment (PD&E) Study for the HEFT/SR 821 Interchange at NW 170th Street, Financial Project ID: 435542-1. This PD&E was initiated in April 2016 in coordination with the FDOT/FTE, to evaluate a new interchange at NW 170th Street on the HEFT/SR 821 and the State Environmental Impact Report was approved on July 9, 2018. The proposed access management changes at this interchange consist of two new ramps connecting the HEFT northbound lanes to NW 107th Avenue. The proposed ramps will serve future residential, commercial, and industrial development planned for this area.; Thursday, January 10, 2019, Open House: 5:30 p.m. to 6:30 p.m.; Formal Presentation: 6:30 p.m.; Country Club of Miami located at 6801 NW 186th Street, Hialeah Florida 33015.
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Routine business of Keep Florida Beautiful, Inc.; January 4, 2019, 2:00 p.m.- 4:30 p.m.; Double Tree by Hilton Orlando at SeaWorld, 10100 International Drive, Orlando, FL32821
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To review those cases in which a determination of existence of probable cause has already been made.; January 9, 2019, 8:00 a.m.; Teleconference: 1-888-585-9008, Participant Code: 744469610
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To review those cases on which a determination of existence of probable cause has already been made.; January 17, 2019, 9:00 a.m.; Teleconference - 1-888-585-9008, Participant Code: 744469610
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To discuss possible rule changes to 64B20-4.003 & 4.004.; January 22, 2019 at 2:00 p.m.; Telephone conference number: 1(888) 585-9008 Conference code: 346983002
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To review those cases on which a determination of existence of probable cause has already been made.; January 23, 2018 at 3:00 p.m.; Telephone conference number: 1(888) 585-9008 Conference code: 742225236
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The purpose of this public meeting is to gather feedback from residents and other interested parties on the existing Pasco Lake MFL.; Thursday, January 10, 2019, 5:30 p.m.-6:30 p.m.; Wilderness Lake Church, 15511 U.S. Highway 41, Spring Hill, FL 34610
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The Notice of Proposed Rule which provided
amendments to the rule that implements Chapter 2016-3, Laws of Florida; creates or revises provisions regarding affirmative action planning; and adds language regarding voluntary self-identification of individuals who have a disability.
; March 1, 2019, 9:00 a.m.; Department of Management Services, 4050 Esplanade Way, Conference Room 235K, Tallahassee, FL 32399
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Committee meetings, probable cause panel (portions of which may be closed to the public), general board business.; February 5, 6, 7, 8, 2019, 9:00 a.m.; Staybridge Suites St. Petersburg Downtown
940 5th Avenue South
St. Petersburg, FL 33705
Telephone Number: 727.821.0777
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Discussion of Region XIV reports and other Region XIV business matters.; January 17, 2019, 10:00 a.m.; Miami Dade College, North Campus, Room 9118
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Paul William Crowe; The original Notice of Petition for Declaratory Statement was published in Vol. 44, No. 152, of the August 6, 2018 Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on November 16, 2018, in Palm Beach Gardens, Florida. At its meeting, the Board denied the Petition as the Board has no jurisdiction over local building departments. The Order was filed on December 11, 2018.
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the Marion County Department of Building Safety; Petitioner requested an answer to the following question, based upon the project described within its petition: Whether category III sunrooms are required to comply with the receptacle spacing requirements of section E3901.2 of the Florida Building Code, Residential. On December 11, 2018, the Commission provided the following answer: No. The provisions of section R301.2.1.1, Florida Building Code, Residential, 6th Edition (2017), and the referenced standard AAMA/NPEA/NSA 2100, as referenced from within section R301.2.1.1, are more specific than the provisions of section E3901.2, Florida Building Code, Residential, 6th Edition (2017), with respect to the definition of sunrooms and the placement of receptacle outlets. Therefore, in accordance with section 102.1, Florida Building Code, Building, 6th Edition (2017), the requirements of section E3901.2, Florida Building Code, Residential, 6th Edition (2017), including the receptacles spacing requirements, do not apply to the projects in question. The electrical requirements for the projects in question are those specified by AAMA/NPEA/NSA 2100.
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the Building Code Advisory Board of Palm Beach County; Petitioner requested an answer to the following questions, based upon the projects described:
1. A customer has applied to replace all the windows in his home, which was constructed in 1990. The estimated cost of the replacement windows is less than 30% of the assessed value of the structure.
a. Does Section 501.7 of the Energy Conservation Volume require the replacement windows to meet the solar heat gain coefficient listed in Table R402.1.2 of the Florida Energy Conservation Volume?
b. Does Section 101.4.2 exempt the replacement windows since they don’t exceed 30% of the assessed value of the structure?
2. A customer has applied to replace a window in his home, which was constructed in 1990. The estimated cost of the replacement window is less than 30% of the assessed value of the structure.
a. Does Section 501.7 of the Energy Conservation Volume require the replacement window to meet the solar heat gain coefficient listed in Table R402.1.2 of the Florida Energy Conservation Volume?
b. Does Section 101.4.2 exempt the replacement window since it does not exceed 30% of the assessed value of the structure?
On December 11, 2018, the Commission provided the following answers:
In response to the first part of Petitioner’s first question, the answer is no. Pursuant to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017), and the definition of “renovated building” found in chapter 2, Florida Building Code, Energy Conservation, 6th Edition (2017), the replacement windows in question are not required to meet the provisions of the energy conservation code, including the solar heat gain coefficient listed in Table R402.1.2.
In response to the second part of Petitioner’s first question, the answer is yes. Pursuant to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017), and the definition of “renovated building” found in chapter 2, Florida Building Code, Energy Conservation, 6th Edition (2017), the project in question is exempt from the provisions of the energy conservation code.
In response to the first portion Petitioner’s second question, the answer is no. Pursuant to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017), and the definition of “renovated building” found in chapter 2, Florida Building Code, Energy Conservation, 6th Edition (2017), the replacement window in question is not required to meet the provisions of the energy conservation code, including the solar heat gain coefficient listed in Table R402.1.2.
In response to the second part of Petitioner’s second question, the answer is yes. Pursuant to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017), and the definition of “renovated building” found in chapter 2, Florida Building Code, Energy Conservation, 6th Edition (2017), the project in question is exempt from the provisions of the energy conservation code.
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Richard Wilkins; The original Notice of Petition for Declaratory Statement was published in Vol. 44, No. 183, of the September 19, 2018 Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on November 16, 2018, in Palm Beach Gardens, Florida. At its meeting, the Board denied the Petition as the Board has no jurisdiction over local building departments. The Order was filed on December 11, 2018.